Second Judicial Region Branch 26 Luna, Apayao OFELIA TACAC and LEONILA ROMERO, Plaintiffs, -versusAVELINO ROMERO, et. al., Defendant s. x------------------------------------x
CIVIL CASE No. 42015
For: JUDICIAL PARTITION OF REAL ESTATE
MOTION TO DECLARE DEFENDANTS IN
DEFAULT Plaintiffs thru counsel and unto this Honorable Court most respectfully move to declare the defendants in default and alleges: 1. That defendants RUBEN ROMERO, DIOSDADO ROMERO, LOPE CALUMPIT, RODRIGO ROMERO and AVELINO ROMERO received the on August 27, 2015 as alleged by the defendants in their EX-PARTE MOTION FOR EXTENSION TO FILE ANSWER dated September 10, 2015; 2. That on September 10, 2015, defendants RUBEN ROMERO, DIOSDADO ROMERO, LOPE CALUMPIT, RODRIGO ROMERO and AVELINO ROMERO filed an exparte motion for extension to file answer asking for thirty (30) days, or until October 11, 2015, within which to submit their answer; 3. That plaintiffs did not receive any resolution from the Honorable Court granting the extension prayed for by the defendants;
4. That on October 15, 2015, instead of filing their
answers on October 11, 2015, defendants RUBEN ROMERO, DIOSDADO ROMERO, LOPE CALUMPIT, RODRIGO ROMERO and AVELINO ROMERO for the second (2nd) time filed another motion for extension of time to submit their answer; 5. That however, granting that the September 10, 2015 motion of the defendants was granted, there was no more period of time for which to extend, the same having expired in October 10, 2015. In other words, the period the defendants prayed to be extended had already expired; 6. That it is a fundamental rule of remedial law that a motion for extension of time must be filed before the expiration of the period sought to be extended; otherwise, the same is of no effect since there would no longer be any period to extend;1 7. That defendants RUBEN ROMERO, DIOSDADO ROMERO, LOPE CALUMPIT, RODRIGO ROMERO and AVELINO ROMERO alleged that their co-defendant died in October 10, 2015 causing them to fail to submit their answer is untenable because they allowed twenty-nine (29) days to pass without submitting an answer considering that the extension they prayed expired in October 11, 2015; 8. That the death of their co-defendant came only as an afterthought and a convenient excuse for them to further delay the proceedings in this case; 9. That the motion for extension dated October 15, 2015 filed by the defendants was not signed by ESTRELITA SABAL; and 10. That if defendants are allowed to delay the proceedings, it will be a mockery of the rules and trampling of the coercive power of the court processes. ACCORDINGLY, it is respectfully prayed that the defendants RUBEN ROMERO, DIOSDADO ROMERO, LOPE CALUMPIT, RODRIGO ROMERO and AVELINO ROMERO be declared in default for failure to file their respective answer 1 Vda. de Victoria v. Court of Appeals, 490 Phil. 210, 221-222
within the time allowed by the rules, and the plaintiffs be
allowed to present their evidence ex-parte. Plaintiffs likewise pray for other reliefs that are just and equitable under the premises. Appari, Cagayan for Luna, Apayao. November 3, 2015.
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